Quick Answer: A birth injury or complication may warrant a lawsuit when medical providers fail to meet the accepted standard of care and that failure causes preventable harm to the baby or mother.

Not every difficult birth leads to a valid lawsuit. Childbirth carries inherent risks, and some complications occur even when doctors and nurses do everything correctly. However, when a birth injury results from medical negligence rather than unavoidable medical risk, the law allows families to pursue compensation through a medical malpractice claim.

Understanding where courts draw this line is essential to determining whether a birth injury warrants legal action.

Courts distinguish between:

1. Birth complications, which can occur despite appropriate care, and
2. Birth injuries, which result from medical errors before, during, or immediately after delivery.

A lawsuit generally depends on whether the injury was preventable with proper medical care—not simply whether the outcome was tragic.

To succeed in a birth injury lawsuit, plaintiffs typically must prove:

1. A medical provider owed a duty of care
2. The provider breached the accepted medical standard
3. That breach directly caused injury
4. The injury resulted in measurable damages

Courts rely heavily on expert testimony to determine what a reasonably competent provider should have done under similar circumstances.

In Johnson v. United States, a baby suffered permanent brachial plexus damage during delivery. The claim was brought under the Federal Tort Claims Act after military healthcare providers failed to respond appropriately to shoulder dystocia—a known obstetric emergency.

The court found liability because:

• Shoulder dystocia was foreseeable based on fetal size
• Providers failed to timely perform appropriate maneuvers
• Earlier intervention could have reduced or prevented nerve damage

In Naccash v. Burger, the Supreme Court of Virginia held a physician liable for failing to properly inform parents about genetic testing options during pregnancy. The child was born with a severe genetic disorder that could have been detected earlier.

The court ruled that:

• Physicians have a duty to inform parents of available diagnostic options
• Failure to disclose risks and alternatives can constitute negligence
• Harm includes not only physical injury, but lost opportunity for informed decision-making

Birth injury claims frequently involve:

• Cerebral palsy from oxygen deprivation
• Brachial plexus injuries (Erb’s palsy)
• Skull fractures or brain hemorrhage
• Spinal cord injuries
• Severe maternal injuries due to delayed intervention

Courts closely examine fetal monitoring data, labor timelines, and delivery decisions in these cases.

A lawsuit is less likely when:

• Complications arose suddenly and unpredictably
• Providers followed accepted medical protocols
• The injury could not reasonably have been prevented Medical judgment was exercised appropriately, even if outcomes were poor

Courts do not require perfect medicine—only reasonable care.

Medical records often determine the outcome of birth injury cases. Courts rely on:

• Fetal heart monitoring strips
• Labor progression notes
• Decision-to-delivery timing
• Staffing and supervision records

Missing or altered records can significantly affect liability findings.

When negligence is proven, damages may include:

• Past and future medical care
• Therapy and assistive devices
• Lost earning capacity
• Pain and suffering
• Lifetime care costs for permanent disabilities

Because birth injuries often have lifelong consequences, damages can be substantial.

A birth injury or complication warrants a lawsuit when it stems from preventable medical error, not simply because a birth was difficult. Courts focus on foreseeability, adherence to medical standards, and whether timely, appropriate care could have avoided the harm.